28th September, 1936
T H E PALESTINE
GAZETTE
1027
Division V.—Offences relating to Property.
CHAPTER
XXIX.
STEALING.
263. —•(1) A person steals w h o , 'without the consent of the
owner, fraudulently and without a claim of right made i n good
faith, takes and carries away anything capable of being stolen w i t h
intent, at the time of such taking, permanently to deprive the
owner thereof:
Definition,
Provided that a person may be guilty of stealing any such thing
notwithstanding that he has lawful possession thereof if, being
a bailee or part owner thereof, he fraudulently converts the same
to his own use or the use of any person other than the owner.
(2) — ( a ) The expression "takes" includes
session :—
obtaining the
pos-
(i) by any t r i c k ;
(ii) by i n t i m i d a t i o n ;
(hi) under a mistake on the part of the owner w i t h knowledge on the part of the taker that possession has been
so obtained;
(iv) by finding, where at the time of the finding the finder
believes that the owner can be discovered by taking
reasonable steps.
(b)
The expression "carries a w a y " includes any removal of
anything from the place w h i c h it occupies, but i n the case
of a thing attached, only i f it has been completely detached.
(c) The expression " o w n e r " includes any part owner, or
person having possession or control or a right to possession
of anything capable of being stolen.
(3) E v e r y t h i n g which has value and is the property of any
person, and i f adhering to an immovable then after severance
therefrom, is capable of being stolen.
264. —(1) W h e n a factor or agent pledges or gives a lien on
any goods or document of title to goods entrusted to h i m for the
purpose of sale or otherwise for any sum of money, not greater
than the amount due to h i m from his principal at the time of
pledging or giving the lien, together w i t h the amount of any bill
of exchange or promissory note accepted or made by h i m or on
account of his principal, such dealing w i t h the goods or document
of title is not deemed to be theft.
Special cases,
(2) W h e n a servant, contrary to his master's orders, takes from
his possession any food i n order that it may be given to an animal
belonging to or i n the possession of his master, such taking is not
deemed to be theft.
265.
W h e n a person receives, either alone or jointly with
another person, any money or valuable security or a power of
attorney for the sale, mortgage, pledge, or other disposition of
any property, whether capable of being stolen or not, w i t h a
direction i n either case that such money or any part thereof, or
any other money received i n exchange for i t , or any part thereof,
or the proceeds or any part of the proceeds of such security, or
of such mortgage, pledge, or other disposition, shall be applied
Funds, etc.,
held under
direction.